Contacts

Retired (Former Chief Judge of the U.S. Department of Labor's Office of Administrative Law Judges)

Consultant

Harold J. Krent

Dean and Professor of Law

IIT Chicago-Kent College of Law

Consultant

Scott Morris

Associate Dean and Professor

IIT College of Psychology

The Administrative Conference of the United States was asked by the Social Security Administration (SSA) to study adjudication relating to the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs and recommend improvements. The study provides an independent review that analyzes the impact of SSA’s treating physician rule on the role of the courts in reviewing SSA disability decisions and considers measures that SSA could take to reduce the number of cases remanded to it by courts. The study also addresses the role of the SSA Appeals Council in reviewing cases to reduce any observed variances in administrative law judges’ (ALJs’) decisional outcomes and application of agency policies. Legal and empirical consideration is given to the efficacy of expanding the Appeals Council’s already existing authority to conduct more focused reviews of ALJ decisions, how the Appeals Council may select cases for review, when review should occur (i.e., pre- or post-effectuation), as well as the scope and manner of review.

Final Recommendation

The Administrative Conference of the United States (Conference) has undertaken many studies over the years relating to the Social Security disability benefits system.[1] It has issued a number of recommendations specifically directed at improving the Social Security Administration’s (SSA’s) initial application and appeals processes,[2] as well as other recommendations more generally designed to improve agency adjudicatory...

Implementation

At its Plenary Session on June 13-14, 2013, the Administrative Conference of the United States adopted Recommendation 2013-1, regarding the Social Security disability adjudication process. The recommendation identifies ways to improve the adjudication of Social Security disability claims before administrative law judges and the Appeals Council, suggests changes to the evaluation of opinion evidence from medical professionals, and encourages the agency to enhance data capture and reporting.